In the latest episode of the Debt Collection Drill podcast series, Moss & Barnett attorneys Aylix Jensen, Michael Etmund and John Rossman provide specific guidance on the circumstances in which a collection agency may legally delete all informa

Does Your Collection Agency Name Violate Regulation F?

Aug 26th, 2021 15m 58s

Regulation F contemplates debt collectors communicating with consumers using a scripted “limited content” voicemail message which contains the business name of the debt collector, but “does not indicate that the debt collector is in the debt co

Landmark Victory! Debt Collector Did Not Deceive Debtor Who Refused to Give Name

Apr 13th, 2021 12m 48s

A debt collector must verify the identity of a communication recipient to ensure a right-party contact while also avoiding a disclosure about the existence of the debt to a third-party. Thus, a debt collector must, when asked, provide meaningfu

Pandemic Causes Historic Debt Collection Law Changes

Sep 16th, 2020 14m 41s

In this episode of the Debt Collection Drill podcast, Moss & Barnett attorneys discuss the recent, historic changes to the laws restricting debt collection and how agencies can comply.

CFPB Proposes Debt Collection Rule that Congress Rejected

Sep 30th, 2019 12m 24s

The CFPB’s proposed debt collection rules envision a much-needed update and modernization to many provisions in the Fair Debt Collection Practices Act. However, the CFPB’s proposed rules include a limit of the number of debt collection calls t

Common Sense Prevails! Seventh Circuit Affirms Consumer was not Harmed by Letter and Dismisses FDCPA case

Jul 9th, 2019 13m 13s

Debt collectors defending against hyper-technical FDCPA lawsuits by consumer attorneys commonly ask the same question: “How could the consumer possibly have been harmed by this supposed violation of the FDCPA?” The question is especially poign

Validation Notice Lawsuits: Overlooked Ruling from Third Circuit Proves Debt Collectors are Right!

Apr 24th, 2019 13m 16s

As most debt collectors know, sending any collection notice into Delaware, New Jersey or Pennsylvania (the States with Federal Courts in the Third Circuit) will likely result in an FDCPA class action lawsuit against the debt collector. Typical

Should Collectors Change the Validation Notices Sent into Pennsylvania?

Mar 4th, 2019 13m 19s

Debt collectors face an historic onslaught of FDCPA cases in Pennsylvania (and to a lesser extent New Jersey), all of which allege that statutory language in collection letters which tracks the FDCPA somehow violates the law. The Courts in the

Federal Courts Hold that Standard Validation Notice Violates FDCPA. Now What?!

Oct 10th, 2018 13m 46s

Collectors frequently point to contradictory language among the FDCPA and other statutes as proof that standardized debt collection rules are needed in this industry. However, even in an industry where consumer attorneys frequently make "creat

New Federal Court of Appeals Rulings Favor Debt Collectors

Aug 20th, 2018 14m 3s

Debt collectors were given clarity regarding two thorny FDCPA issues recently by decisions issued from the Seventh Circuit Court of Appeals. In the case of Portalatin v. Blatt, the Court held that a consumer was entitled to a single recovery o

New Consumer Strategy for Baiting FDCPA Violations And Use of Text Messages in Debt Collection.

Jun 14th, 2018 16m 20s

Consumers using scripts to bait debt collectors into FDCPA violations is certainly nothing new. InsideARM has been publishing articles about this issue for years: https://www.insidearm.com/news/00006606-five-signs-that-a-debtor-is-trying-to-e

COLLECTORS FINALLY WINNING FDCPA CASES: HAS THE TIDE TURNED OR IS SOMETHING LURKING?

Apr 5th, 2018 16m 3s

Just a few years ago, many in the collection industry were wringing their hands in frustration: the Douglass decision on innocuous information appearing in the windows of envelopes spawned hundreds of class action lawsuits; claims regarding the

Law Changes Regarding Interest Disclosures, Validation Notices and Settlements

Feb 14th, 2018 13m 20s

Consumer attorneys subjected debt collectors to a barrage of FDCPA lawsuits, especially in New York and New Jersey, on collection letters in 2017. This trend will continue, and likely accelerate, in 2018. Debt collectors hoping for relief fro

Verbal Authorization for Recurring Payments – Ask Yourself One Question: “Do I Feel Lucky?”

Oct 23rd, 2017 12m 50s

Debt collectors that accept recurring payments over the phone know that Federal laws – specifically Regulation E, the Electronic Funds Transfer Act and the E-Sign Act – provide guidelines for consent and disclosures. insideARM first featured a

New Collection Letter Lawsuits in California and New York:

Aug 29th, 2017 11m 14s

Collection letters are the bane of our industry. Letters are expensive to send and - despite what a certain television pundit claims - studies prove that few consumers actually read collection letters. The CFPB, the FCC and other regulators pay

Three Overlooked Traps for First Party/Early Out Servicers

Jun 27th, 2017 13m 59s

First party and early-out servicing provides an enhanced customer service experience and greater responsiveness for consumers. These qualities make first party and early-out servicing beneficial for creditors as well as consumers. However, as

Consumers Bait Collectors With New Script to Manufacture FDCPA Claims

Apr 6th, 2017 11m 56s

The use of “scripts” by consumers to bait telephone debt collectors into alleged FDCPA violations is a calculated strategy dating back more than 10 years. Typically a consumer obtains such a script from a consumer attorney or from a website. Th

Debt Collectors Sued for Not Assessing Interest . . . Seriously?!?

Mar 1st, 2017 12m 6s

The issue of debt collectors assessing interest on accounts was contentious and extensively litigated over the past decade. Courts, regulators and consumer advocates are uniformly opposed to debt collectors assessing interest except in specific

Agency Fights the Good Fight (and Wins!)

Jan 9th, 2017 12m 46s

Debt collection is clearly one of the most heavily regulated industries in the United States. Federal, State and local regulators place onerous, duplicative and often confusing requirements on companies seeking to collect debts. Further, when

The Election That Changed the Collection Industry Forever

Nov 9th, 2016 15m 45s

“Will the CFPB be shut down? Will the FDCPA be repealed? Can I start using my dialer again? Is the Foti decision going to get overturned? While the political pundits sort through last night’s election results, the question for our industry

Should Debt Collectors Email Consumers?

Sep 19th, 2016 12m 29s

The issue of whether debt collectors may email consumers is finally being given serious consideration by regulators. A prescient article written by Rozanne Andersen in 2011 is the most comprehensive document on the topic of debt collection emai

What Collectors Really Need to Know About the CFPB’s Proposed Rules

Jul 28th, 2016 22m 14s

On July 28, 2016, the CFPB released an outline of its proposed rules regarding debt collection. The outline is the next step in the first ever rulemaking in the nearly 40 year history of the FDCPA. Attorneys John Rossman and Mike Poncin exami

FDCPA Victory in Class Action Letter Case: What It Means for the Industry

Jul 13th, 2016 15m 1s

Debt collection letters continue provide an expansive target for FDCPA and related lawsuits due to the panoply of Federal and State disclosure requirements for such letters. Further, the Court cases interpreting these requirements are in const

Do Consumers Need to Show "Concrete" Injury to Sue Debt Collectors?

May 25th, 2016 14m 11s

Do Consumers Need to Show "Concrete" Injury to Sue Debt Collectors? By John K. Rossman The Supreme Court decision in Spokeo v. Robins was expected to provide clarity to debt industry defendants facing FDCPA and related consumer lawsuits where

Appellate Courts Hold Typical Collection Letters Violate FDCPA

Apr 15th, 2016 13m 14s

Debt collectors and consumer advocates agree that collection letters do little (if anything) to truly inform consumers about their indebtedness. Very few consumers actually read collection letters. Further, the verbiage that debt collectors ar